107
insecurity as of the present date (supra paragraphs 28-33). These incidents have included the illegal
search of the residence of the family members of Ms. Naranjo on February 14, 2006 by members of the
army and the paramilitary groups, in which her 14-year-old niece Luisa Maria Escudero was seriously
wounded.533
365. Ms. Mosquera’s next of kin have also born the consequences of the forced
displacement; the inability to return home; and the murder of several of the family members, including
her 14-year-old grandson. The evidence before the IACHR shows that several family members of Ms.
Mosquera have brought complaints for acts of violence committed against them by the authorities
subsequent to her detention on November 12, 2002.534 The IACHR is not aware of any reasonable
measures that have been adopted by the State in order to duly investigate these complaints.
366. These infringements have been exacerbated by the impunity which has surrounded
these acts, and the State failure to implement reasonable measures of protection and prevention of the
violence committed not only against the Ms. Rúa, Ospina, Mosquera, Naranjo and Yarce, but also
against their next of kin. This impunity has also contributed to the repetition of these crimes, and the
continuing climate of insecurity for defenders working in Comuna 13. It also has a chilling effect on any
social and human rights advocacy work that is carried out in the zone at issue.
367. In view of the foregoing, the Commission finds that the State has violated the right to
personal integrity enshrined in Article 5.1 of the American Convention, in connection with Article 1.1 of
the same instrument, to the detriment of the family members of Ms. Rúa,535 Ospina,536 Mosquera,537
Naranjo538 and Yarce.539
533
IACHR, Request for Provisional Measures to the Inter-American Court of Human Rights in the Matter of “Mery
Naranjo et al”, July 3, 2006. par. 26, Provisional Measure Case File.
534
Annex 83. Complaint filed on January 24, 2011 by Hilda Milena Villa Mosquera with the Office of the Attorney
General of the Nation (Single Form Criminal Notice); Annex 84. Technical Forensic Medical Report of Non Lethal Injuries,
Internal Filing: 2011C-03011501310, Hilda Milena Villa Mosquera, January 24, 2011. Annex 6. Observations of the Petitioners in
reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595 dated May 3, 2012.
535
The IACHR has identified from the file the affected next of kin of Mrs. Rúa as - Gustavo de Jesús Tobón (permanent
companion), Bárbara del Sol (daughter), Úrsula Manuela (daughter) and Valentina (daughter).
536
The IACHR has identified from the file the affected next of kin of Ms. Ospina as - Oscar Julio Hoyos Oquendo
(husband), Edid Yazmín (son), Oscar Darío (son), Migdalia Andrea Hoyos Ospina (daughter) and Fabio Alberto Rodríguez Buriticá
(son-in-law).
537
The IACHR has identified from the file the affected next of kin of Ms. Mosquera as Marlon Daniel Herrera
Mosquera (son), Lubin Arjadi Mosquera (son), Hilda Milena Villa Mosquera (daughter), Iván Alberto Herrera Mosquera (son),
and Carlos Mario Villa Mosquera (son, deceased), Luisa Fernanda Herrera Vera (granddaughter), Sofía Herrera Montoya
(granddaughter), Madelen Araujo Correa (granddaughter), Luisa María Mosquera Guisao (granddaughter), Luis Alfonso
Mosquera Guisao (grandson), Lubín Alfonso Villa Mosquera (grandson, deceased), Daniel Esteven Herrera Vera (grandson),
Carlos Mario Bedoya Serna (grandson), and Mateo Rodríguez (grandson).
538
The IACHR has identified from the file the affected next of kin of Ms. Naranjo as Juan David (son), Alejandro (son),
Sandra Janneth (daughter), Alba Mery Naranjo Jiménez (daughter), Erika Johann Gómez (granddaughter), Heidi Tatiana Naranjo
Gómez (granddaughter), Sebastián Naranjo Jiménez (grandson), María Camila Naranjo Jiménez (granddaughter), Aura María
Amaya Naranjo (granddaughter), Esteban Torres Naranjo (grandson) and Luisa Maria Escudero (niece).
539
The IACHR has identified from the file the affected next of kin of Mrs. Yarce as Mónica Dulfari Orozco Yarce
(daughter), Shirley Vanessa Yarce (daughter), Jhon Henry Yarce (son), Arlex Efrén Yarce (son, deceased), and James Adrian Yarce
(son, deceased).